Can spousal maintenance be enforced internationally?

On Behalf of | Oct 24, 2024 | Spousal Maintenance

Spousal maintenance, known in other states as “alimony,” can be hard to manage when one spouse moves to another country.  Enforcing these payments across borders depends on international agreements and the legal systems of the countries involved. Knowing how spousal maintenance works globally is important for anyone facing this situation.

International agreements for enforcement

Treaties and agreements between countries may play a role in enforcing spousal maintenance internationally. The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is a key treaty that helps enforce maintenance orders across borders. Countries that are part of this convention recognize and enforce spousal maintenance orders from other member countries. This process makes it easier for people to get payments even if their ex-spouse lives in another country.

Challenges with non-signatory countries

If the country where the ex-spouse lives does not participate in an agreement like the Hague Convention, enforcing spousal maintenance becomes much harder. In these cases, the person seeking enforcement must hire a lawyer in the country where the ex-spouse lives. They need to file a new case in that country, which takes a lot of time and can be expensive. Understanding the legal system of the foreign country is important to make sure the maintenance order is followed.

Steps to take for international enforcement

To enforce spousal maintenance internationally, it is important to first understand the agreements between the involved countries. Getting legal help from an attorney experienced in international family law can be very helpful. Registering the spousal maintenance order in the foreign country, if possible, can also make enforcement easier. Being prepared for challenges, like differences in legal systems and currency exchange rates, helps make the process smoother.

Dealing with international spousal maintenance can be a challenge, but the right legal support makes a big difference. Consulting with a family law attorney experienced in international cases helps explore all options to enforce maintenance obligations effectively.